Rangel-Garcia

MEMORANDUM *

Appellant Rangel-Garcia appeals his conviction of being found in the United States without permission after deportation, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and affirm.

Because the parties are familiar with the facts, we will not set them out in detail. Rangel-Garcia alleges that the district court erred by failing to instruct the jury that the date on which he was found in the United States is an element of 8 U.S.C. § 1326 (a). We disagree. The date is not an element of that offense. See generally United States v. Gracidas-Ulibarry, 231 F.3d 1188, 1196 (9th Cir. 2000)(en banc)(setting forth the elements of section 1326).

Rangel-Garcia further contends that the court erred in denying his Rule 29 Motion for Judgment of Acquittal. He argues that no rational trier of fact could find him guilty, as charged in the indictment, because of the discrepancy between the date alleged and the date proven at trial. The indictment charged that Ran-gel-Garcia was found in the United States “on or about June 24,1998.” At the beginning of the trial, however, the Government informed the court and defense counsel that the correct…